Section 25Part 3 — THE DEPARTMENT'S SUPPORT FOR CHILDREN AND FAMILIES
Provision of accommodation and maintenance by the Department for children whom it is looking after
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It shall be the duty of the Department looking after a child —
when he is in the Department's care, to provide accommodation for him; and
to maintain him in other respects apart from providing accommodation for him.
The Department shall provide accommodation and maintenance for any child whom it is looking after by —
placing him (subject to subsection (5) and any regulations made by the Governor in Cabinet) with —
a family;
a relative of his; or
any other suitable person, on such terms as to payment by the Department and otherwise as the Department may determine;
maintaining him in a community home;
maintaining him in a voluntary home;
maintaining him in a registered children's home; or
making such other arrangements as —
seem appropriate to the Department; and
comply with any regulations made by the Governor in Cabinet.
Any person with whom a child has been placed under subsection (2)(a) is referred to in this Law as a "departmental foster parent" unless he falls within subsection (4).
A person falls within this subsection if he is —
a parent of the child;
a person who is not a parent of the child but who has parental responsibility for him; or
where the child is in care and there was a residence order in force with respect to him immediately before the care order was made, a person in whose favour the residence order was made.
Where a child is in the care of the Department, the Department may only allow him to live with a person who falls within subsection (4) in accordance with regulations made by the Governor in Cabinet.
Subject to any regulations made by the Governor in Cabinet for the purposes of this subsection, the Department while looking after a child shall make arrangements to enable him to live with —
a person falling within subsection (4); or
a relative, friend or other person connected with him, unless that would not be reasonably practicable or consistent with his welfare.
Where the Department provides accommodation for a child whom it is looking after, it shall, subject to the provisions of this Part and so far as is reasonably practicable and consistent with his welfare, secure that —
the accommodation is near his home; and
where the Department is also providing accommodation for a sibling of his, they are accommodated together.
Where the Department provides accommodation for a child whom it is looking after and who is disabled, it shall, so far as is reasonably practicable, secure that the accommodation is not unsuitable to his particular needs.
Part II of Schedule 2 shall have effect for the purposes of making further provision as to children looked after by the Department and in particular as to the regulations that may be made under subsections (2)(a) and (e) and (5).
Defined Terms
departmental foster parent